RANDALL SHELDEN

Renee Boje:
Another Casualty in
the War on Drugs

It's good to. know that our federal government is protecting all
of us from the most horrible crimes, as they zealously and
relentlessly go after all the bad guys. You know, the murderers,
robbers, rapists, child molesters and the like. Yeah right! Just ask
Renee Boje, she'll tell you.

The case of Renee Boje is one among a long line of federal witch
hunts, in search of "dangerous criminals." The stars of this witch
hunt are agents of the DEA. You know this group as the Drug
Enforcement Agency, but I prefer the "Draconian Enforcement Agency."
Of course, the individual agents are not entirely at fault, since
they are merely "following orders," sort of like Eichman did in Nazi
Germany. They are following orders from Janet Reno, Drug Czar General
McCaffrey (just shows you that this is a "war," otherwise why would
they appoint a general to lead the attack?) and the entire Justice
Department and the Clinton Administration.

At issue here is, among other things, the fact that the federal
government refuses to acknowledge the wishes of the citizens of
several states that have approved the use of marijuana for medicinal
purposes. But the people of these states don't matter. After all,
this is a war, and the hell with what the people think, and the hell
with the Bill of Rights.

It all started so innocently for Renee Boje back in the summer of
1997, when she befriended Todd McCormick, a marijuana activist who
was renting a home in Beverly Hills (specifically, in the exclusive
section called Bel Air). McCormick, who suffers from cancer, was
writing a book about growing marijuana, as he discovered long ago
that smoking it eased his pain, He wanted to help others ease their
pain. His efforts were backed not only by medical research, but also
Proposition 215, passed in November, 1996, that allowed citizens to
use marijuana for medical purposes. He had received an advance of
$100,000 from Peter McWilliams, who had AIDS and was using marijuana
to help him cope with this killer disease. Boje, an artist, was asked
by McCormick to help him write the book by doing sketches. That's
when her troubles began.

In July, 1997, federal agents, based on an anonymous tip, raided
McCormick's house, claiming that they saw Boje watering and moving
some of the marijuana plants. Boje was stopped shortly after leaving
his house and, along with a friend, were ordered out of the car,
whereupon they were thrown against her vehicle, handcuffed and read
their rights (a nice gesture that shows you the DEA is not in the
same league as the Gestapo -- but not by much). They were taken to a
nearby fire station, where there were at least 60 armed DEA agents.
(Rounding up marijuana traffickers is serious business, requiring
unlimited manpower!) When Boje was told of the pending arrest of
McCormick for trafficking in marijuana, she told them it was legal in
California, based upon Proposition 215. The agents said they never
heard of it.

Boje was held in a federal women's prison in Los Angeles for 72
hours, was not allowed a phone call, was not given any food and was
stripped searched about 15 times (twice witnessed by male guards, not
uncommon in women's prisons). She was originally charged with
conspiracy, cultivation of marijuana with the intent to distribute
and possession. The charges were eventually dropped. However, Los
Angeles attorney Kenny Kahn, who was representing her, told her that
the government were going to reinstate her charges and arrest her
again. He suggested that she should leave the country, as the DEA
wanted her to testify against McCormick and McWilliams, which she was
refusing to do. After some deep soul-searching, Renee decided to flee
to Canada.

She was eventually picked up by Canadian authorities and
extradition procedures were begun. If she is returned to the United
States, she faces a possible prison sentence of ten years to life. We
don't give that much time to those convicted of some violent crimes!
Renee is seeking refugee status in Canada and the case has received
international publicity. In fact, McCormick was freed on $500,000
bail posted by actor Woody Harrelson. McCormick is better off than
McWilliams who died of AIDS after being denied the use of marijuana
for his illness, despite California law. It seems that the drug
warriors of the United States, led by General McCaffrey and his witch
hunters with the DEA and US Attorneys, don't care about the wishes of
the people. The general has made it clear that he will never approve
the used of marijuana, period! In fact, he arrogantly called the
movement to make it legal a "Cheech and Chong show."

Boje and her attorneys are arguing that she should be granted
asylum in Canada because of the severity of US drug laws and the high
probability that she will suffer extreme abuse within the women's
prison system, mostly by male staff. Several studies support her
fears, including recent reports by Human Rights Watch and Amnesty
International. If she wins, it will be a sort of pyrrhic victory, as
she will never be able to come home to her country of birth. She is
hoping that the Canadian people, who are much more sympathetic to
marijuana users, will bring enough pressure to bear on the Canadian
judicial system. The judge handling the case is expected to make a
ruling sometime in the fall.

Some believe that a ruling in her favor could harm US-Canadian
relations. Some experts also point out that it is rare for Canada to
approve asylum, except in cases where the sentence is death. They may
have a point, for in 1998 a total of 62 Americans applied for refugee
status in Canada; none was accepted. Most who are accepted are from
foreign countries that are either non-democratic or going through
civil strife.

To say that this case is a travesty of justice is an
understatement. We must, however, look deeper than this one case.
Renee Boje represents a long line of victims of various forms of
"witch hunts" throughout American history, especially those related
to the government's relentless persecution of various kinds of drug
users. In every case -- starting with the Chinese opium users to
"crack"-using African-Americans -- it has been those with little,
power, mostly minorities, including women, who have been the target.
This case is not just about Renee Boje. It is about America's endless
racism, classism and sexism. It is about an inexcusable gap in wealth
and power. It is about the continuous attempts by those with power to
hold onto it by engaging in various methods of social control over
those without power, whether it be via intense corporate propaganda
to "privatize and domesticate aspirations" and make us mere
individual consumers (quoting Noam Chomsky) or to use the awesome
power of the state to force compliance with the status quo.

We are spending millions of dollars on the drug war and millions
more to build jails and prisons to lock up those arrested for
"trafficking" in "drugs." A recent study found that about 1.5 million
of the nation's 2 million prisoners were convicted of non-violent
crimes; around 800,000 are in for drug offenses. And many drug
offenders who are released are sent back to prison merely because
they flunked their urine test. And we, the taxpayers, are charged
around $30,000-40,000 per year for each one of these prisoners -- all
for dirty pee! Makes you want to salute the flag and feel thankful
that you are living in the "land of the free and home of the
brave."

I am tired of talking about this issue, but the anger I have
drives me to move forward and continue to protest this injustice --
and the injustice of the entire drug war. Why? Because if this could
happen to someone like Renee Boje (a 30-year-old white woman, an
artist and college graduate from a modest background) it could happen
to you and me. That's the scary part. I feel like looking over my
shoulder as I write these words because in a "war" like this one, the
Constitution is thrown in the toilet. You and I can become just
another "case" to be processed by DEA agents, another "conviction" by
over-zealous federal prosecutors, another number on a prison
uniform

I grew up in the 1950s with the Lone Ranger, Jack Webb and others
who espoused the "rule of law" and that all are "equal before the
law." I grew up at a time when the courthouse was seen as a symbol of
"justice" with the ever-present "'blind lady" standing outside, while
inside stood an "impartial" judge, with the American flag on one side
and the state flag on the other side. I read with pride the words
"with liberty and justice for all" and that "all men are created
equal" and that America protected its citizens and citizens of other
countries from tyrants and dictators like Hitler. And I was
constantly told that our elected officials -- whether they be local,
state or federal -- represented us. After all, people died protecting
this "democracy."

But the more I live, and the more cases like Renee's I read about,
the more I realize that this is all for show. That "equal justice for
all" is a joke. That some are more equal than others -- it depends
upon how much money and power you have. When the drug agents come
after you, you better have a good attorney, plenty of money and
plenty of time to spare. And you better not be someone other than a
rich white male with connections. And the next victim could also be
your son or daughter,

Those interested in ]earning more about the Renee Boje case
are encouraged to link onto her web site, established by concerned
citizens all over: http://reneeboje.com You will be able to see for
yourself how this case of injustice has emerged, as you browse
through dozens of articles in both Canada and the United States.

Randall G. Shelden is a Professor of Criminal Justice at the
University of Nevada at Las Vegas. His book, Controlling
the Dangerous Classes: A Critical Introduction to the History of
Criminal Justice, has just been released by Allyn and
Bacon. Portions of this book were submitted as part of a deposition
in support of Renee Boje. This is a slightly revised version of an
article that appeared in Las Vegas City Life on
August 24, 2000. Reprinted here with permission. Comments can be
addressed to the author (shelden@nevada.edu).